Tag: divorce lawyer

Why You Should File First In A Divorce (And Why You Should Not)

by David Badanes | December 23, 2022

Most couples know that their marriage is failing. One or both spouses are probably considering filing for a divorce. There are several reasons why you should file first in a divorce and there are also reasons why might want to wait for your spouse to file.

The following are the reasons why you should file first in a divorce.

  1. Preparation: If you are thinking of getting a divorce, then this is also the time to start planning for the divorce. This is the time to start seeking out an attorney. This is the time to start gathering your financial documents. This is the time to consider the financial implications of the divorce. By filing first, you probably have had the opportunity and time to prepare for the divorce.
  2. Reduces the chance of being “kicked out of the house”: If you file first, this will reduce the chance that you will be “kicked out of the house” or removed from the house due to a false allegation of domestic violence. Unfortunately and unethically, some spouses prior to a divorce being filed will file for an Order of Protection based on false allegations. However, if a divorce has been filed prior to an Order of Protection, it is typically harder to be removed from the marital home due to a false allegation of domestic violence.
  3. Choice of County: Although it is not that common, if the two spouses are not living together and they are living in different counties, then you get to choose which county to file in. You might want to file in a different county based on what your attorney has informed you about how cases are typically handled in that county.
  4. You set the “cut-off” date: Once a divorce is filed, then typically that sets the cut-off date for the acquisition of marital assets and also the acquisition of marital debts. It also sets the cut-off date for retirement assets.

Now, here are some reasons why you might want to wait and let your spouse file first.

  1. Easier to get an Order of Protection Before a Divorce is started. If there is domestic violence, it may be easier to obtain an Order of Protection before you file for a divorce.
  2. You get to delay the “cut off” date: Although, typically it is better to have an earlier cut-off date than a later one, sometimes it is beneficial to delay the cut-off date. By delaying filing for a divorce, you delay the actual cut-off date.
  3. Save on Court fees: The person who files first has to pay the first filing fee (currently $210.00), that person may also have to pay the bulk of the rest of the court fees, which can range from about $400 to many thousands.

If you are unsure of whether or not to file first in your divorce, then contact David Badanes, Esq. today. David Badanes, Esq has the experience to guide you in your divorce.

If you need an experienced divorce attorney then call David Badanes, Esq. and the Badanes Law Office, P.C. today at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

When is the Right Time to File for a Divorce?

by David Badanes | September 11, 2019

Deciding on whether you want to file for a divorce is a very hard decision. It is literally “life-changing”. You have probably seen some of your friends or relatives go through a divorce. You know that in many of those situations, the divorce itself was very difficult. However, you may also know some situations, where the divorcing couple were able to get divorced and able to do it in a civil and amicable manner.

For many people who are considering whether or not to get divorced, it may take them weeks or even months to actually start the process. They may be looking for a “perfect time” or they keep coming up with excuses to put off the divorce.

The following questions may help you decide whether now (or in the future) is the right time to file for a divorce.

  1. Is there domestic violence? If the answer is yes, then you should be seeking a divorce and you probably should file as soon as possible. Even if it is just the “first time” that there was a domestic violence incident. In almost every case, if there is a first time, there will be many more times of domestic violence.
  2. Is your spouse having an affair (or are you having an affair)? If you are having an affair, then clearly, you are unhappy in your marriage and you should file for a divorce. If your spouse is having an affair (and you find out about it), then they are unhappy in the marriage and you are probably not getting the love and attention you deserve.
  3. You are in a “loveless” marriage. Even if you or your spouse are not having an affair, but, you are just living together like roommates, then that may be an indication that your marriage is not working. This may be a time to seek marriage counseling or it may be a signal that your marriage isn’t working.
  4. What about the children? If you have children, then this will be a major factor to consider in getting divorced. If the living situation is very tense because of your marriage difficulties, this will affect your children. Sometimes, staying married for “the sake of the children” is actually worse for the children then getting divorced. The constant fighting or tension can have a very negative effect on the children. Therefore, don’t stay married just because you have children. However, of course, you will need to consider what will happen to the children during the divorce and after the divorce.
  5. Do you think about getting divorce often? If you are thinking about getting divorced, then it probably is a good indication that you should get divorced.

Divorce can be hard and there will never be the perfect time to get divorced. David Badanes has helped countless clients going through their divorce and navigating them through the process. Visit us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.

Is Everything I Discuss With My Attorney Confidential?

by David Badanes | March 28, 2018

One of the oldest rules in law, is the attorney-client privilege. This means that what you discuss and reveal to your attorney is confidential. Your attorney is not allowed to reveal what you discuss with him/her. A Court cannot compel your attorney to reveal what you said to your attorney. Even if your attorney mistakenly reveals your confidences, to the Court, they cannot be used against you.

The attorney-client privilege applies in all cases, criminal and civil.

There are very few exceptions to the attorney-client privilege, they are:

– The client states that they are going to do a FUTURE crime. If the client states that they are intending to commit a crime in the future, that is not protected by the attorney-client privilege. This is in contrast to when a client reveals a PAST crime. If the crime has already been committed, and the client confesses that fact to his/her attorney, that is covered by the attorney-client privilege.

– The attorney is assisting the client in committing fraud or in wrongdoing. If the client reveals a fraud or crime, and the attorney assists the client in continuing the fraud or the crime, that can also be an exception to the privilege.

– The attorney-client privilege is broken, because there is a third-party who hears the client reveal the secrets to the attorney. If there is a third-party, who is not an attorney or works for the attorney, that is present and hears the client reveal their secrets, then there is no attorney-client privilege.

When discussing your case with your attorney, you should feel free to reveal everything to your attorney. Indeed, it is usually best if your attorney knows all the facts, both good and bad.

If you are seeking legal advice, about your divorce, child custody, child support, orders of protection or any matters related to matrimonial and family law, contact David Badanes, Esq. and the Badanes Law Office,P.C. David Badanes has represented hundreds and hundreds of clients and provides his years of expertise to his clients. David Badanes, Esq. and the Badanes Law Office, P.C. can help you and will answer all your questions. David Badanes and the Badanes Law Office, P.C. can be contacted at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office, P.C. has offices in Northport, Suffolk County and in Uniondale, Nassau County.

Please like us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.